FIRST REGULAR SESSION

SENATE BILL NO. 102

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR BENTLEY.

Pre-filed December 1, 1998, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

S0270.01I


AN ACT

To amend chapter 311, RSMo, by adding thereto one new section relating to intoxicating liquor, with penalty provisions.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Chapter 311, RSMo, is amended by adding thereto one new section, to be known as section 311.465, to read as follows:

311.465.  1.  Any person in the business of selling intoxicating liquor who knowingly and intentionally ships, or causes to be shipped, any intoxicating liquor from an out-of-state location to any person in this state who does not hold a valid manufacturer's or wholesaler's license is in violation of this section.

2.  Any person found by the supervisor of liquor control to be in violation of subsection 1 of this section shall be issued a notice, by certified mail, to show cause why a cease and desist order should not be issued.  Any person who violates subsection 1 of this section within two years after receiving a cease and desist order or within two years after a prior conviction for violating subsection 1 of this section commits a misdemeanor.

3.  Any person in the business of selling intoxicating liquor who knowingly and intentionally ships, or causes to be shipped any intoxicating liquor from an out-of-state location directly to any person in this state who is less than twenty-one years of age commits a class D felony.

4.  No employee or agent of a business entity that delivers goods or packages shall deliver a package, knowing or having reason to know that such package contains intoxicating liquor, to a person under the age of twenty-one years, if such agent or employee knows or has reason to know that such person is under the age of twenty-one years.  Any employee or agent violating this subsection shall be guilty of a class A misdemeanor.

5.  This section shall not apply to the direct shipment of wine as provided for in section 311.462.


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